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Federal Rules of Evidence - Article XI – Miscellaneous Rules

Federal Rules of Evidence

Rule 1101 – Applicability of the Rules


(a) To Courts and Judges. These rules apply to proceedings before:

United States district courts;
United States bankruptcy and magistrate judges;
United States courts of appeals;
the United States Court of Federal Claims; and
the district courts of Guam, the Virgin Islands, and the Northern Mariana Islands.
(b) To Cases and Proceedings. These rules apply in:

civil cases and proceedings, including bankruptcy, admiralty, and maritime cases;
criminal cases and proceedings; and
contempt proceedings, except those in which the court may act summarily.
(c) Rules on Privilege. The rules on privilege apply to all stages of a case or proceeding.

(d) Exceptions. These rules — except for those on privilege — do not apply to the following:

(1) the court’s determination, under Rule 104(a), on a preliminary question of fact governing admissibility;

(2) grand-jury proceedings; and

(3) miscellaneous proceedings such as:

extradition or rendition;
issuing an arrest warrant, criminal summons, or search warrant;
a preliminary examination in a criminal case;
sentencing;
granting or revoking probation or supervised release; and
considering whether to release on bail or otherwise.
(e) Other Statutes and Rules. A federal statute or a rule prescribed by the Supreme Court may provide for admitting or excluding evidence independently from these rules.
 


Rule 1102 – Amendments


These rules may be amended as provided in 28 U.S.C. § 2072.


Rule 1103 – Title


These rules may be cited as the Federal Rules of Evidence.